Texas is one of the most surrogacy-friendly states in the United States, offering a strong and well-defined legal framework for intended parents. The Texas Family Code, Chapter 160 (Uniform Parentage Act) provides clear statutory recognition and regulation of gestational surrogacy agreements, ensuring a secure and transparent process for all parties involved.

 

Under Texas law, gestational surrogacy is explicitly permitted when the agreement meets the state’s requirements and is validated by a court before the embryo transfer. Once approved, the agreement guarantees that the intended parents are recognized as the legal parents of the child and that the surrogate and her spouse (if applicable) have no parental rights or obligations. Courts then issue pre-birth parentage orders, directing that the intended parents be listed on the child’s birth certificate immediately after birth.

 

Texas surrogacy law applies to married intended parents; however, in practice, single and same-sex intended parents have also successfully pursued surrogacy through the guidance of experienced reproductive law attorneys. Gestational surrogacy—where the surrogate has no genetic connection to the child—is the only type of arrangement recognized and enforceable under state law.

 

The law requires that both the intended parents and the gestational carrier have independent legal counsel and that the agreement be signed and approved by the court before any medical procedures begin. The agreement must outline each party’s rights, duties, compensation, and medical responsibilities, ensuring protection and clarity for everyone involved.

 

At Giving Tree Surrogacy, we work closely with trusted reproductive law attorneys across Texas to make every step of your journey straightforward and fully compliant with state law. From drafting and validating your agreement to securing your pre-birth order, our goal is to provide you with confidence and peace of mind as you move closer to parenthood.